laches - Resonable time

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avi2

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Hi

I live in NY and signed an agreement in Jan 2004 to sell my house.
The time of closing and sale was to be no later than Aug 2004.
The agreement allowed the buyer to rent until the sale.
The agreement also says that he has to abide by conditions in the lease which we both signed at the time.

I never went to closing in Aug 2004 and he has been renting ever since.

It is now 2008.

He has just stopped paying rent and claims that the original
agreement is still in force and he wants to buy the house.

Is this a case of Laches i.e. is the agreement still valid since in 4 years he has not tried to buy the house?

Is his claim valid since the closing was supposed to be in 2004?

Does the fact that he has violated the terms of the lease mean anything.
Can I terminate the lease?

Am I considered to have "unclean hands"?

I may need to move back into my house and he is threatening to sue me.

Thanks,

Avi2
 
Why don't you sell the house?
 
Contract expired in August 2004 and so did the lease. You need to initiate the eviction process. Good Luck!
 
Thanks for explaining that the document is "expired" And for your expertise.

I sent a letter 5/31/2008 giving 60 days notice terminating the lease. But there is a clause that says:

"Either party may terminate this Lease by giving the other party no less than sixty (60) days' notice in writing prior to the termination date of this Lease. Unless such notice is given, this Lease shall be extended for an additional 12 months on the same terms, except that Landlord may increase the rent on the Premises with thirty (30) days' notice. "

I originally signed the lease Jan 1, 2004 giving 6 months .

1. Is my letter good or does he have another year on the lease?

2. To be safe, I intend to send another letter to terminate because he is in default, (by not paying the rent)

I tried to evict in April . But he introduced the contract and claimed that I have "unclean hands", because of it. He then paid the rent.

How can I terminate the lease, get this guy out, and prevent this from happening again?

Thanks,

Avi2
 
2. To be safe, I intend to send another letter to terminate because he is in default, (by not paying the rent)
Click to expand...

That is probably your best option. He is going to argue that the lease renewed under the same terms each year and a judge is probably going to go along with that argument.
 
Hi
He has not paid the rent for 4 months

I followed your advice and sent a letter that he is default of the lease and must pay the back rent and late fees.

I also sent a letter of attornment to the tenants since he is sub-letting the house to them demanding that they pay the rent.

His lawyer responded that that he will buy the house for the original 460k that is in the document, and pay the back rent, if I revoke the attornment claim ( I offered to sell for 650k)

A lawyer told me that I was at fault for not going to contract and that the document is good in NY until 2010 ( 6 years) and that a laches defense would not work. is this true?

He also said that since I did not terminate the lease that it is a problem.

Do know of any way that I can get the back rent and win this case? I am now carrying 2 mortgages.

Thanks
 
Statute of Limitations in NY

Hi
Can someone tell me the Statue of Limitations for a document of sale that I signed in 2004, ( post Dated 05-30-2008, 12:07 PM )

A lawyer told me that the document is good in NY until 2010 ( 6 years) and that a laches defense would not work.

However, I saw

New York Statutes of Limitation

213. Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud.


UCC, Section 2--725. Statute of Limitations in Contracts for Sale. (1) An action for breach of any contract for sale must be commenced within four years after the cause of action has accrued.

Which is correct 4 or 6 years

Thanks
 
If the closing date was specified in the original contract, and it is expired, you now have an annual lease with the tenant that automatically renews annually. As far as the sale of the property goes, the document speaks for itself. The statute of limitations has nothing to do with it if the contract is expired. If it were me, I'd give him 30 days notice the rent is being increased to coincide with the current property value. At that point, it's up to him whether to pass or play.
 
Hi unclemoon

Thanks for the reply

The contract has a specific date. it says:

"The time of the sale and the acquisition must be no later than Aug 1, 2004"
"Until the time of the sale, he will rent the aforementioned property"

I understood this to mean that he would rent until closing which was supposed to be Aug 1, 2004. After that time I thought that the original contract is expired.

However, one lawyer told me that since I did not have a specific wording "time is of the essence" that the contract could still be valid, now. That is why I was interested in the statute of limitations.

What is your opinion?

Thanks,
 
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